Bombay High Court
RAMESH MURLIDHAR MADVAE SINCE DECD. THR LRSversusDEPUTY DIRECTOR OF EDUCATION NASHIK AND ORS
- Decided
- Disposal
- Allowed
Holding
The court held that, in the interest of justice, the petition may be amended to include the legal heirs of the deceased petitioner.
Summary
The original petitioner, Ramesh Murlidhar Madvae, died on 20 June 2026 during pending proceedings. The applicant filed an interim application seeking to bring the legal heirs or representatives of the deceased petitioner onto the record. The court examined the application and, considering the principle of justice, decided that the petition may be amended to include the heirs. Accordingly, the application was allowed, directing that the amendment be filed within two weeks and that an amended petition be served on the respondents. The court also ordered that any pending reply affidavit be placed on record and listed the petition for further hearing on 5 October 2026.
Issues considered
- Whether the petition can be amended to include the legal heirs/representatives of a deceased petitioner.
Subjects
- interim application
- amendment
- legal heirs
- interest of justice
- civil procedure
Judgment
9-IA-7344-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7344 OF 2026
IN
WRIT PETITION NO. 12784 OF 2023
Ramesh Murlidhar Madvae Since Decd. Thr Lrs. ...Applicants/Petitioners
Versus
Deputy Director Of Education Nashik & Ors. ...Respondents
_______
Mr. Arif Sayed h/f Karthik Rajasekhar for Applicant/Petitioner.
Mr. P. P. Kakade, AGP a/w Ms. P. N. Diwan, AGP for Respondent-State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 21st SEPTEMBER 2026
P.C.
1. Heard learned counsel for the parties on the Interim Application.
2. The sole Petitioner has expired on 20th June 2026.
3. By this Interim Application, the Applicant has prayed for bringing on
record the legal heirs / legal representatives of the deceased original Petitioner.
4. Having perused the memo of the application, we are of the opinion that it is
in the interest of justice that the application be allowed. It is accordingly allowed in
terms of prayer clause (a).
5. Let the amendment be carried out within a period of two weeks from today.
An amended copy of this petition be served on the Respondents.
6. Let the reply affidavit to the petition, if not already filed, be placed on
record.
7. List the petition on 5th October 2026.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
Digitally
signed by
AJIT
AJIT RAMESH
RAMESH PATHRIKAR
PATHRIKAR Date:
2026.09.22
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